Issue: May a
Judicial Official participate in organizing and
soliciting people to participate in a blood drive,
to be conducted by a blood collection agency, in
honor of an attorney who was an accident victim and
required multiple surgeries?

Response: Based upon the facts
presented, including that (1) the solicitation is
for blood donations and not for funds, (2) the
injured attorney had appeared before the inquiring
Judicial Official on multiple occasions in the past
and may appear before the Judicial Official when the
attorney is able to return to work, and (3) the
attorney supervises other attorneys that regularly
appear before the Judicial Official, it was
unanimously determined that under the existing Code
organizing and soliciting people to participate in a
blood drive in honor of the injured attorney would
violate Canons 2 (avoiding the appearance of
impropriety and lending the prestige of office to
advance the private interests of others) and 5
(solicitation of in-kind donations; see JE 2009-27)
and may lead to the need for frequent recusal or, at
a minimum, disclosure of the judge’s role in
organizing and soliciting blood donations in honor
of the injured attorney, as well as appear to a
reasonable person to be coercive. The new Code,
effective January 1, 2011, likewise prohibits the
Judicial Official from organizing and soliciting
people to participate in a blood drive in honor of
the injured attorney. See Rule 1.2 (appearance of
impartiality), Rule 1.3 (use of office for the
benefit of others), Rule 2.1 (extrajudicial
activities shall not be conducted in such a way as
to interfere unduly with the duties of judicial
office), Rule 2.11 (disqualification), and Rule 3.1
(a judge shall not engage in extrajudicial
activities that (1) interfere with the proper
performance of judicial duties, (2) lead to frequent
disqualification, (3) appear to a reasonable person
to undermine the judge’s independence, integrity or
impartiality, or (4) appear to a reasonable person
to be coercive). Notwithstanding the foregoing,
effective January 1, 2011 and in accordance with
Rule 3.7(A)(2) of the new Code, the inquiring
Judicial Official may solicit members of the judge’s
family (as that term is defined in the Code) and
judges over whom the inquiring Judicial Official
does not exercise supervisory authority or appellate
jurisdiction if the Judicial Official determines
that organizing and soliciting the donations from
such individuals does not necessitate the Judicial
Official to recuse himself or herself when the
attorney (or members of the attorney’s office)
appear.